Ved Raj & Anr vs New India Assurance Co. Ltd. & Ors
2024 Latest Caselaw 603 j&K

Jammu & Kashmir High Court

Ved Raj & Anr vs New India Assurance Co. Ltd. & Ors on 28 March, 2024

                                                                        Sr. No.56

       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU

RP No.21/2024 in
Mac App No.115/2020

Ved Raj & Anr.                                          ..... Petitioner/Appellant (s)

            Through :- Mr. Jatinder Choudhary, Advocate.

            Vs

New India Assurance Co. Ltd. & Ors.
                                                                  .....Respondent(s)

            Through :- None.
                                              2333333`0
 CORAM: HON'BLE MR. JUSTICE MA CHOWDHARY, JUDGE
                                  ORDER

28.03.2024

01. Petitioners, through the medium of this review petition, has pleaded

that this Court, while deciding the Mac App No.115/2020 has inadvertently

directed the Registry to release the amount deposited with the Registry in

favour of the respondent/claimant along with interest accrued thereon on due

identification, whereas, the fact of the matter is that while deciding the appeal,

it has been clearly held that the Insurance Company was liable to indemnify the

registered owners of their liability and the petitioners/appellants have been

suffering on this count for the reason that the amount has been deposited by the

owner and not by the insurer of the offending vehicle, as such, the appellants

having succeeded in the appeal are entitled to the refund of the amount

deposited by them with the Registry of this Court.

02. It has been finally prayed that the order be reviewed with a

modification in the judgment dated 20.02.2024 passed in Mac App

No.115/2020 to the extent that the amount deposited with the Registry of this

Court be released in favour of the appellants/applicants instead of

respondent/claimant along with interest.

03. Heard learned counsel for the applicants/review petitioners and

considered the matter.

04. This Court vide judgment dated 20.02.2024, while deciding the

appeal Mac App. No.115/2020 had held that the appellants/applicants are not

liable to pay the amount to the claimant and the amount to which the claimant

was held entitled to the compensation was directed to be recovered from the

respondent-Insurance Company. It appears that there is an error on the face of

the record in the judgment dated 20.02.2024 passed by this Court in Mac App

No.115/2020 and the same is required to be corrected. The award is, thus,

modified with the direction that the amount deposited by the

appellants/applicants before the Registry shall be refunded to them along with

interest and the claimant shall be entitled to recover the compensation granted

in his favour from the insurer in the appropriate proceedings before the

Tribunal. This order shall be deemed to be part and in continuation to the

judgment dated 20.02.2024 passed in Mac App No.115/2020.

05. Thus, this review petition is allowed.

(MA CHOWDHARY) JUDGE JAMMU 28.03.2024 Eva